KENTON COUNTY FISCAL COURT

M I N U T E S

FEBRUARY 22, 2005, 7:00 P.M.

The regular meeting of the Kenton County Fiscal Court was called to order at 7:00 p.m. at the Independence Courthouse.  Present at the meeting were Judge Executive Ralph A. Drees; Commissioners Dan Humpert and Adam Koenig; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver;  Emergency Management Director Ed Burk; Police Chief Bill Dorsey; Public Works Director Joe Murphy; Jailer Terry Carl; Assistant County Attorney Brandon Voelker; Court Reporter Cathy Johnston; and Guests.

Invocation and Pledge of Allegiance

The invocation was given and pledge of allegiance led by Commissioner Humpert.

Approval of Minutes

Judge Dress asked for approval of the minutes for the meeting of February 8, 2005.  Commissioner Humpert  moved for approval with a second from Commissioner Koenig.  The minutes were approved with the vote of aye with Judge Drees abstaining.

Delegations

Ms. Jo Ann Cobble, Independence City Councilwoman, came forward to say she had petitions for the court protesting the insurance premium tax, but she was very happy that any action pertaining to the tax had been postponed until next year.  She said she would keep the petitions because she may be able to use them later.

Middleton-Mills Road Park grant project, Mark Jacobs:  Mr. Jacobs made a presentation to the court regarding the Mills Road Park Riparian Buffer Project.  A riparian force buffer is an area of predominantly trees and shrubs located adjacent to the upgradient from a body of water or water course.  There will be trees, shrubs and native grasses planted in this area that will act as a buffer along a water course.  The benefit is to establish and improve wildlife habitat, help restore ecological function of the aquatic habitat, stabilize soil, provides abundant food and water, and cover for feeding nesting and raising young.  It also helps stream banks stabilize so there is not a lot of soil going into the water.  This will also lower the water temperature which is good for aquatic life.

There are three zones in the buffer area that consist of grass in zone three, trees and shrubs are in zone two and public access will be in zone one where the water is located.  The Kenton County Conservation District will provide all of the materials for the project and all of the needed hand tools will be provided through the grant and staff will participate in the preparation of the site and actual planning and will continue to be involved years in the future.  Kenton County parks are being asked to provide a tractor, disc roller and maybe someone to run the equipment that will take a day or two.  Assistance from the staff will be strictly voluntary and maybe sometime in April a group of volunteers can get together to plant the project and the Department of Parks and Recreation is being asked to maintain the buffer.

What is really needed from the court is to basically approve the project and agree that it will be maintained for at least ten years.  These are the terms of the grant that will be received from the Division of Forestry.  Conservation and planning is a land management process that integrates ecological, economic and social considerations that meet public and private needs so it is a perfect fit for a public land such as a park.

Funding for the project is from a grant through the Kentucky Soil Erosion and Water Quality Cost Share Fund administered by the Kentucky Division of Conservation.  The grant provides 75 percent of the cost of the project up to $7,500.  The amount of the project will be $7,500 and the cost share amount of 25 percent will be in volunteer time, staff time, etc.  It would really be appreciated if the court could give a signature for the maintenance of the area to be maintained.

Judge Drees asked if there would also be grass in the zone one area.  Mr. Jacobs said that generally this type of area would be chemically treated so the trees would not have to compete.  In this situation though, chemicals should not be going into the water so the vegetation in the first two zones would be left there.  It will probably have to be mowed for a couple of years until the trees get to the point where they are filled out and will take over the area.  The grasses will be planted in zone three.

Judge Drees asked what would keep the hill from washing down close to the lake.  Mr. Jacobs answered that there are already some grasses there and it will be maintained.  The area can be reseeded if necessary to stop erosion.

Commissioner Koenig asked how the system contributes to water quality.  Mr. Jacobs said it will stabilize the hillside and the soil, the trees will keep the water cool, it will absorb chemicals and will slow the road from coming down the hill, and greatly improve wildlife benefits.  Commissioner Koenig also asked how this area could become a forest and Mr. Jacobs replied that the larger plantings will be planted along the banks and farther up in zone one will be planted two to three year old trees and they will be protected by tubes so the forest will start young and be fast growing.  Commissioner Koenig asked what kinds of animals this area would attract and Mr. Jacobs said it would basically be a type of prairie or meadow and it will attract butterflies, birds, quail, rabbits, etc.  Commissioner Koenig asked if there would be a way to measure the effects in the future to see if this area had done what was supposed to be done.  Mr. Jacobs said there would be other people working on this such as the biologist in the Department of Fish and Wildlife, the Northern Kentucky Urban Community Forest will be a consultant, and Natural Resources and Conservation Services.  All of these people will be helping with this project, so there is relatively an easy way to gauge this, and primarily it would be gauged by looking at how much erosion is occurring on the hillside in two to three years after establishment.  Commissioner Koenig then asked if Mr. Jacobs would be committed to making sure this is measured as to whether or not this is working, and Mr. Jacobs answered that he would because he would be part of this project.

Judge Drees entertained the motion for approval of a maintenance contract upon review by the county attorney.  Commissioner Humpert moved for approval; seconded by Commissioner Koenig.  The motion was unanimously approved with an aye vote.

Recognition of Dr. Suetholz, Jailer Terry Carl:  Mr. Carl came forward to read a letter of appreciation to be placed in the official record of the court to Dr. Suetholz for his continuing as a fill in to render medical help at the jail until a permanent physician was in place.

Dr. Suetholz said he would like to offer some observations to the fiscal court that he had observed while serving at the jail.  He said that he had gathered his own impression of some problems with which the jail may be dealing with, especially from the cost overruns in relationship to the medical needs.  He stated that he had noticed there are three basic types of inmates that are in the jail-mentally ill people, persons with drug addictions and common criminals.  The jail is dealing with a lot of mentally ill people who probably do not need to be in the jail and are put on medication that was obviously needed when they were out on the street.  The new drugs that control mental illness are very expensive and many of the medications cost several hundred dollars a month to treat a given individual.  This is one problem that we have not come to grips with and how to deal with it from the social aspect.

Individuals with drug addictions obviously are ones who have been self-medicated and probably have bipolar disease, chronic depression and a lot of social problems that have never been dealt with so they go to the streets and when they come into the jail, they are withdrawing from the drugs and obviously have a lot of social issues.  They too have to be medicated in order to control them within the jail.

The common criminal is probably the easiest person to deal with because they know where they are, what the rules are and are used to the environment.  The only thing they have to be treated for are the common skin rashes which have to sometimes be treated with very expensive antibiotics.

One of the problems you may want to come to grips with is the fact that people lose all their benefits when they are incarcerated.  There are a lot of people that are disabled that receive medicare and SSI and when they go into jail all of these benefits are taken away.  When they get sick, the federal government and state do not have to pay for it but the county does.  He said that he thought from a legislative standpoint probably something could be done to save the county several thousands of dollars if these persons were not deprived of their benefits at the time they are incarcerated.  Dr. Suetholz said he thought this was a global problem and legislative efforts to try and help support these needs, especially with the fact there are so many people that have benefits that are obviously revoked, and the county has to deal with the medical issues.

Judge Drees said he totally agreed and stated that he feels there should be a more effective way to deal with this issue.  This has been discussed a number of times and there is no easy solution.

Jimmy Williams:  He said that he had been greatly involved in the TANK debate and that he heavily depends on TANK for transportation.  He said he supported HB 400 and when the TANK tax was passed, it was passed by someone who always supported public transit.  He said he did not know what the city of Covington's problem was, but they should be working together with the county.  He also said he had spoken to Senator Westwood and he promised to help anyway that he can.  Northern Kentucky cannot afford to lose its bus service.

He said that he also disagreed with Patrick Hughes on his lawsuit and that he hoped the city of Covington was finally getting the message.  When there are over 400 people at the TANK meeting, and they are shouting they want bus service they really mean it.  He also said that he was a taxpayer and did not need a tax cut, because without taxes being collected there would be no roads, no services and no public transportation, and housing for the poor.

Mr. Williams said he had offered to come in as a mediator in this matter because he works closely with the city on the Human Rights Commission in Covington.  Being a former county surveyor and a former legislative aide, put him to work on both sides and it is hoped there will be a compromise.

Mr. Williams said he also wanted to thank the fiscal court for all they had done for him over the years and he hoped they could all work together for the common cause.

General Business

There was not any general business presented to the court.

Resolutions

RESOLUTION NO. 05-03A-Approve budget adjustments between appropriation accounts to provide necessary funding, Ivan Frye reporting:  These are adjustments that are not anticipated when the budget was prepared, but are line items that need additional funds.

Commissioner Koenig made the motion for approval with a second from Commissioner Humpert.  The motion was unanimously approved following roll call.

RESOLUTION 05-04-Approve request of Kenton County Judge Executive Ralph A. Drees that his level of compensation be set at $1.00 for an indeterminate period of time, and further authorizing he be granted the authority to establish a community improvement grant program to be administered through his office utilizing the unexpended portion of statutory mandated salary and benefits:  Judge Drees asked if the court had had a chance to look over this resolution and if anyone had questions or comments.  Commissioner Koenig made the motion for approval; seconded by Commissioner Humpert.  The motion was unanimously approved upon roll call with Judge Drees abstaining.

Attorney Edmondson said this is lawful and essentially Judge Drees is turning his salary back in and it becomes public funds for the creation of a community improvement program.  It would have to serve a larger public purpose and whenever this is identified, do that we will have to address it.  Judge Drees advised that was his intent.

Ordinances

There were not any ordinances to come before the court.

Consent Agenda

CLAIMS LIST-County Treasurer Ivan Frye.

Attorney Edmondson said that he had an issue he wished to discuss on the claims list.  He had distributed to court members a copy of the Kenton County Tuition Reimbursement guidelines and on page five of the claims list there is a claim for an individual for one semester.  This is tuition for law school that might fit within one of the terms of the guidelines and may fit into number three.  With this guideline in mind, some people may go to medical or nursing school that would be of benefit to first responders.  This is an idea that Mr. Edmondson wanted to put into the court's thoughts since he thought they needed to be made aware of it.

Mr. Edmondson said this was a reimbursement to the individual listed on the claims list and he did not think his request should be denied but this is something to think about in the future.

Judge Drees said he thought the employees benefits program should be looked.  Judge Drees asked what a first responder does, and Mr. Edmondson said that would be an employee that is first on the scene of an accident or disaster and would be trained to give emergency medical assistance.  Mr. Kimmich said all police officers have first responder certification because there are many areas in the county where they are the first responders on the scene of an automobile accident and they have to wait for basic or advanced life support to arrive.

Judge Drees said he also noticed on the claims list that certain individuals who take home county cars get paid an extra $3.00 per day.  Mr. Kimmich said this is for taxes and Mr. Frye said they do not get paid $3.00 but get taxed for the use of the car.  Judge Drees said it was not only this but that the whole benefits package needs to be looked at.

SURPLUS PRINTER, Scott Kimmich reporting-Seeking a motion of the court to authorize the surplus of one HP Office Jet fax printer.  Commissioner Humpert made a motion for the surplus; seconded by Commissioner Koenig.  The motion unanimously passed with an aye vote.

REJECT ALL BIDS FOR FOOD IN THE JAIL AND REBID-Recommending to the court to reject all five food and chemical products bids for the detention center.  Commissioner Koenig made the motion.  Mr. Frye said this was a request to reject the bids and put it out for new bids.  A second to the motion was made by Commissioner Humpert and the motion unanimously passed with an aye vote.

ADOPTION OF FY 2005-06 BUDGET CALENDAR (first reading May 10, 2005 and second reading June 14, 2005), Scott Kimmich reporting:  Asking the court to set May 10 for the first reading of the budget and June 14 for the second reading.  The court needs to prepare schedules as they relate to the court members and their ability and make sure there is not a conflict with any other meetings and maybe approve it at the next meeting.

Mr. Frye said yes and the point was to set those dates for the first and second reading and direct to advertise the public hearing required on the first reading for county road aid and local government economic assistance funds.  Then advertise the second reading for adoption of the budget.  After the first reading, the budget has to go to Frankfort for review and approval of the state local finance officer.

Commissioner Humpert said that sometime after May 10 a meeting should be set where there is enough time to go through the budget.  Judge Drees said he would like to review this with the court before the first reading and that maybe it would be a good idea to have another retreat this year maybe 15 days or so before the first reading.  Commissioner Humpert asked when the budget would be ready and Mr. Frye answered not later than May 1.

Executive Orders

There were not any executive orders presented to the court.

Citizens Address

Ms. Jo Ann Cobble came forward to say she wished to comment on the jail fund.  She said she had heard the court's comments regarding the funds that have not been received from the state that are due the fiscal court.  She said that if help is needed for people to call down to the state to ask for the money that is due because of the medical needs in the jail, she could get a lot of people to call the legislators to try to get the money that is owed.

Commissioner Humpert asked if Mr. Edmondson had looked into the lawsuit issue with Jefferson County and he said he had talked with the Jefferson County attorney and he would talk about it with him later.

She also said that regarding the maintenance on the project at Mills Road Park, there is a place called the Master Gardeners and you can call the extension agent, because once you become a master gardener, you have to give 50 hours of volunteer service per year.  Maybe the county can save some money using this service.

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  No further comments.

Commissioner Humpert said he had received e-mail from Frankfort that advised former Judge Executive Dick Murgatroyd has been appointed deputy chief of staff to the Governor, the number three position in the state.  He wished to offer the court's congratulations on the honor.

COUNTY TREASURER-Ivan Frye:  A contract was received from Lynna Earls who operates the Mills Road baseball concessions too late to be put on the agenda.  The recreation commission has requested that we extend this contract that currently expires on March 1 through this year for an eight-month period until October 30, 2005.

Judge Drees said he had gone to a meeting of the park board and they said they would like to see the concessions operated by the different teams so they can make their own money, and in turn supply some of the needed cash to keep the fields upgraded.

Mr. Kimmich asked if it was an option in the previous contract that this could be continued on an ongoing basis and Mr. Frye answered that it was.

Commissioner Koenig moved for the extension of the contract; seconded by Commissioner Humpert and the motion passed with a unanimous vote of aye.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  No report.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  Nothing further to report.

Commissioners' Reports

COMMISSIONER BARBARA BLACK-Absent.

COMMISSIONER DAN HUMPERT-Nothing to report.

COMMISSIONER ADAM KOENIG-Vacancies were mentioned at the last meeting throughout county government and wanted to know if there was a report on how many vacancies there are in the departments.

Mr. Shriver said a report had been submitted to Judge Drees representing each department for full- and part-time employees going back to 2001 and gave an historical perspective.  Mr. Shriver said he would give the commissioner a copy.

Mr. Kimmich said the net result is that there are fewer full-time positions than a year ago.

Judge-Executive's Report

Judge Drees said he wished to congratulate Commissioner Koenig on his birthday who is 34 years old today.

Executive Session

No executive session was called.

Adjournment

There being no further business to come before the court, Commissioner Humpert moved for adjournment; seconded by Commissioner Koenig.  The court was dismissed with the unanimous vote of aye.